On Monday, the U.S. Department of Justice petitioned the Fourth Circuit Court of Appeals to overturn the eight-year sentence for Nicholas "Sophie" Roske for the plot to assassinate Supreme Court Justice Brett Kavanaugh. In an October 2025 statement after Judge Deborah Boardman issued the sentence, the DOJ decried the extremely lenient sentence, particularly in light of the DOJ advocating for up to 30 years imprisonment for Roske.
Then-U.S. Attorney General Pam Bondi wrote:
“The attempted assassination of Supreme Court Justice Brett Kavanaugh was a disgusting attack against our entire judicial system by a profoundly disturbed individual...The Department of Justice will be appealing the woefully insufficient sentence imposed by the district court, which does not reflect the horrific facts of this case.”
🚨 DOJ asks the Fourth Circuit to overturn an 8-year sentence for the would-be Kavanaugh assassin, arguing the district court gave undue weight to Roske's mental health, prison conditions as a transgender inmate, and apparent remorse. It also asks for a new judge on remand. pic.twitter.com/DYpsy0QUYd
— SCOTUS Wire (@scotus_wire) June 23, 2026
As RedState reported in 2022, in the midst of Roske's arrest and plea, it was revealed that Roske identified as transgender and had taken the female moniker of "Sophie." In Monday's pleading, the DOJ argues that the District Court gave undue weight to this, citing Roske's mental health, the prison conditions Roske would be subjected to as a transgender inmate in a male-only prison, and Roske's purported remorse over his actions as the reasons behind Roske receiving the light sentence. In that 2025 sentencing memo, the DOJ determined that Roske's actions were acts of domestic terrorism, which dictated their recommendation that Roske receive up to 30 years. Sen. Ted Cruz (R-TX) even called for Judge Boardman to be impeached.
Cruz Slams Judge Boardman, Demands Impeachment Over Soft Sentence for Would-Be Kavanaugh Assassin
The Justice Department is seeking a longer sentence for Sophie Roske, formerly Nicholas Roske, who planned to assassinate Supreme Court Justice Brett M. Kavanaugh outside his home in 2022.
Roske was sentenced to eight years in October 2025.
However, prosecutors are appealing the judge’s decision and asking for Roske to receive a longer prison term.
U.S. District Judge Deborah Boardman decided on the shorter sentence. Boardman said, “What Sophie Roske did, devising and nearly executing a plan to kill a Supreme Court justice in an attempt to change a Supreme Court ruling and the compensation of the court is absolutely reprehensible and will be punished.”
The judge cited Roske’s remorse, lack of criminal history and President Donald Trump’s executive order, which placed the transgendered woman in a male prison facility, for her decision for a lesser sentence.
As RedState reported, in June 2022, Roske traveled from California to Washington, D.C., with the intent to assassinate Justice Kavanaugh, and also had plans to target and assassinate two other Supreme Court justices because of the decision revealed in the leaked draft of the ruling in Dobbs v. Jackson Women's Health, and certain gun rulings surrounding the mass shooting in Uvalde, Texas.
Roske wandered near the D.C. suburb near Kavanaugh's home, armed with a pistol and ammunition, a crowbar, a "tactical knife," zip ties, and other implements in a duffel bag. When Roske saw U.S. Marshals standing post outside the Kavanagh home, Roske chose to surrender to them.
Certain legal experts have surmised that the probability that a heavier sentence will be issued in this case is "low."
Criminal defense attorney, Jeffrey Lichtman, told NewsNation prosecution wants to make a statement with this appeal that no one should attempt to take the life of a Supreme Court justice.
“The plot to kill a Supreme Court justice strikes at the heart of one of our pillars of democracy, and the government is trying to provide a strong deterrence against such actions but sentencing decisions receive great deference and the sentencing guidelines are merely advisory,” Lichtman noted.
The lawyer further elaborated that “Her (Roske) federal sentencing guidelines showed that she should receive a sentence of 30 years to life for her crime. The judge gave her much less; eight years. But the guidelines are just advisory and if the judge laid out reasons why for the lesser sentence it usually survives appellate scrutiny.”
Lichtman said the chance of the prosecution being successful in their attempt is “probably low.”
Chicago-based attorney, Tamara Holder, agreed the likelihood of a heftier sentence for Roske is unlikely.
“Judges have broad discretion in sentencing. Judge Boardman went to great lengths to analyze the evidence — from Roske’s troubled childhood to her decision to abandon the assassination plot — to sentence Ms. Roske to eight years,” Holder said. “There is no mandatory minimum. There is no sign the judge abused her discretion. Prosecutors should work with legislators on drafting a new law rather than seek more time where the judge’s decision will most likely remain untouched.”
Editor’s Note: The American people overwhelmingly support President Trump’s law and order agenda.
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